How do I sponsor a migrant worker?
How we rate compliance
This page explains how we rate your previous compliance with immigration law while employing migrant workers. Your compliance will affect your application for a licence to sponsor migrants under the points-based system.
On this page
Full compliance
We decide you are fully compliant if, for example, there is no historical record of any non-compliance and we find you to be fully compliant during a pre-licensing visit.
Non-compliance
We decide you are non-compliant if:
- you have had work permit applications refused or withdrawn because your facilities were not good enough to cope with the increased staff, and you did not have plans to expand to take account of that increase. For example, a small restaurant submitted several work permit applications for chefs. During a pre-issue compliance check we found that the kitchen facilities were obviously too small to accommodate that number of staff, and the employer admitted that there were no plans to expand; or
- you supply false information on any application to us or to one of our officers. For example, a start-up company sent false documents to establish itself as a genuine employer. During a compliance check, the employer provided salary details for its staff that were found to be incorrect when verified with HM Revenue & Customs; or
- the employment circumstances, job role or salary do not reflect those declared on the work permit application form and you were unable to offer a reasonable explanation for the differences; or
- you failed to cooperate with any request from us without a good reason, for example if you have repeatedly failed to meet our officers or refused access to your premises; or
- the level of abuse is so high that a significant number of your current work permit holders have had or will have their permits withdrawn or the college has been or will be removed from the register of educational establishments. For example, if you were found to have serious salary breaches with a number of work permit holders and are unable to offer any explanation for why those members of staff were being paid salaries significantly lower than those given on the work permit application forms; or
- there is evidence which suggests that you have seriously breached any other part of the work permit arrangements. For example, if you declared on a work permit application form an annual salary of £23,000 but a compliance check showed that the work permit holder's salary was £14,000. The work permit holder would also be paid a non-guaranteed bonus of £9,000, but only after staying at the company for a certain period of time, to encourage them to stay; or
- there is no valid trading presence in the United Kingdom or you are not a genuine organisation; or
- you have not informed us of any technical changes of employment relating to your migrants. For example, during the pre-licensing visit, we found that a work permit holder was working at a different branch of your company and you did not tell us; or
- the employment circumstances, job role or salary do not reflect those declared on the work permit application form, but you can give us a reasonable explanation for the differences.
See the Keep the right staff records guide on the Business Link website for more guidance on setting up a staff records scheme.